Electronically Filed
Supreme Court
SCAD-12-0000667
09-JUL-2013
09:03 AM
SCAD-12-0000667
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
OFFICE OF DISCIPLINARY COUNSEL, Petitioner,
vs.
GREGORY T. HIGHNOTE, Respondent.
ORIGINAL PROCEEDING
(ODC 09-029-8752)
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of the record in Office of
Disciplinary Counsel v. Highnote, SCAD-12-0000667, the supreme
court makes the following findings and conclusions by clear and
convincing evidence. Following a hearing wherein Respondent
Gregory Highnote expressed remorse and made representations that,
in good faith, he intended to make appropriate reimbursements and
would bear the costs of the proceedings, on September 24, 2012,
this court (1) suspended Respondent Highnote for sixty days,
effective October 24, 2012, for violating Rule 1.16(d) of the
Hawai'i Rules of Professional Conduct for failing to take
reasonable steps to protect the interests of a client upon
withdrawal, including failing for three years to return original
documents to the client, forcing her to incur $246.25 in costs as
a result of his inaction, and (2) ordered him to pay $246.25 in
restitution to the former client, and to submit proof of that
payment to the court by October 24, 2012. Respondent Highnote
was also required by the terms of the order to bear the costs of
the proceedings and to submit an affidavit, by November 5, 2012,
that he had complied with the suspension, pursuant to Rule
2.16(d) of the Rules of the Supreme Court of the State of Hawai'i
(RSCH). The suspension order was properly served upon Respondent
Highnote in California, as was an October 31, 2012 order and
judgment, awarding the Office of Disciplinary Counsel (ODC)
$1,173.90 in costs from Respondent Highnote. Respondent Highnote
failed to meet any of the deadlines imposed by these lawful
orders of this court. Subsequently, on December 26, 2012, this
court entered an order to show cause upon Respondent Highnote as
to why he should not be sanctioned for his failure to submit the
required affidavit of compliance and proof of restitution. The
order to show cause was properly served upon Respondent Highnote
in accordance with RSCH Rule 2.11(a), by both certified and
regular mail to the California address Respondent Highnote had
previously provided to ODC. Respondent Highnote did not respond
to the order to show cause. On January 29, 2013, the supreme
court imposed sanctions of $50.00 upon him, and copies of the
order were transmitted to his California address. As of the date
2
of entry of this order, Highnote has not responded to or
otherwise complied with the requirements of the September 24,
2012 order of suspension, the October 31, 2012 order awarding
costs, or the January 29, 2013 order to pay sanctions.
Therefore,
IT IS HEREBY ORDERED that the Office of Disciplinary
Counsel shall transmit, by certified mail, a copy of this order
to the State Bar of California for referral to the appropriate
disciplinary authorities in that state for possible disciplinary
action against Respondent Highnote.
IT IS FURTHER ORDERED that the Office of Disciplinary
Counsel shall transmit, by certified or registered mail, a copy
of this order to Respondent Highnote at the last known address
for him it deems most appropriate and effective for service,
pursuant to Rule 2.11(b) of the Rules of the Supreme Court of the
State of Hawai'i.
DATED: Honolulu, Hawai'i, July 9, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
3